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(영문) 대구지방법원 2012.09.19 2012고정2405
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

1. Any person who intends to operate unregistered credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or Special Self-Governing Province governor having jurisdiction over each

Nevertheless, on November 2010, the Defendant loaned KRW 950,000 from “Claundry Center” operated by the borrower B in Suwon-gu, Daegu-gu to lend KRW 1,000 to 1,50,000,000. In other words, the Defendant paid KRW 50,000 after deducting KRW 50,000 from 1,368,000 per annum through 65,000 per annum in the daily interest rate of KRW 3.50,000 per annum. In addition, the Defendant was paid interest at KRW 368,00 per annum through 3,580 per annum as indicated in the list of crimes in the attached Table. The Defendant received five loans from October 2010 to April 24, 2012 from 12 to 12 to 2,50,000,000,000 per annum of interest rate of KRW 1,565,000 per annum.

Therefore, the defendant is running unregistered credit business.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate limit, the interest rate shall not exceed 30 percent per annum;

Nevertheless, the Defendant, like the above facts constituting the crime of “A”, offered loans to five persons, such as B, etc. over twelve times, and received interest at an annual interest rate of 368 percent.

Therefore, the Defendant violated the interest rate limitation provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Copy of the police statement concerning B;

1. A criminal investigation report (a copy of the head of the Daegu Bank in the name of D);

1. Interest rate for days;

1. Application of Acts and subordinate statutes, such as a loan application;

1. Article 19 (1) 1, Article 3 (1), and Article 19 (1) 1, and Article 19 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment.

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